Will the person still be obligated to pay if I requested no more child support? 15 Answers as of January 27, 2012

If I wrote a letter stating that I no longer want any child support or back support pending the adoption of the child and the adoption is finalized but the person has lost the paper will he still be obligated to pay?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
An adoption can only be finalized if the parent(s) rights are terminated. Rights and obligations go hand in hand, so if there are no rights there are no obligations.
Answer Applies to: Texas
Replied: 1/27/2012
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
Both parents are obligated to pay child support whether or not there is an order of support in existence. However, the support order is only enforced if 1) there is an open case with Child Support Enforcement or 2) the custodial parent follows-up with enforcement. So while he will continue to be obligated to pay the past due child support, you can control whether the obligation is enforced.
Answer Applies to: Georgia
Replied: 1/27/2012
Law Offices of Lawrence J. Marraffino, P.A.
Law Offices of Lawrence J. Marraffino, P.A. | Lawrence J. Marraffino
Until a judge signs an order terminating child support, the order remains in place. However, your letter and failure over years to enforce the order could affect your ability to collect past due support later.
Answer Applies to: Florida
Replied: 1/27/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
The court clerk will have a record of all the documents in the case. If the court has decreed that he no longer needs to pay support and that the adoption has been finalized, he can get a copy from the clerk.
Answer Applies to: Georgia
Replied: 1/26/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The obligor will likely still be liable for Child Support until the child is adopted. Child Support is for the benefit of the child (not the custodial parent), so the waiver will probably not be accepted by the Court as a defense to payment.
Answer Applies to: California
Replied: 1/25/2012
Law Offices of Louis M. Leibowitz, LLC
Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
Child support is generally court-ordered. To adjust child support there needs to be another court order. You may want to write to the court.
Answer Applies to: Maryland
Replied: 1/25/2012
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Your posting is a bit confusing, but the general rule is that you do not have the authority to terminate the other parents child support obligation that is established by a court order - only a new court order can do that, so your letter had no real legal effect anyway. However, in Colorado you are the only one who can complain and push for child support (unless you are receiving welfare benefits from the state), so as long as you don't complain, no one is going to go after the other parent.
Answer Applies to: Colorado
Replied: 1/25/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If you are not asking for child support, the other person should not be ordered to pay but you need to close your case.
Answer Applies to: California
Replied: 1/25/2012
Law Office of James Lentz
Law Office of James Lentz | James Lentz
This letter is the perfect proof that there are times when people need to consult with an attorney. This person needed to consult with an attorney before she waived child support. she desperately needs to consult with one now as the adoption of the child in question (by a stepfather?) changes the relationships with the child. In Ohio, an adoption terminates all rights of the parent agreeing to the adoption. Also terminated are the obligation to protect the child and the obligstion to support the child financially. You need to get to a lawyer today before you accidentally do something you regret.
Answer Applies to: Ohio
Replied: 1/25/2012
DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
You must file a release and satisfaction of the child support once the adoption is completed - I assume that his rights have been properly terminated. Once the adoption is complete, then you can release the child support, however, if there is child support owed back to the State of Iowa, he will still have to pay that back to the government, ADC - Aid to Dependent Children through the Child Support Recovery Office. Do not release the child support past due or presently due until you have completed the adoption.
Answer Applies to: Iowa
Replied: 1/25/2012
    Peyton and Associates | Barbara Peyton
    You and the paying spouse need to have a court order saying what your agreement is. Otherwise, child support will continue to accrue.
    Answer Applies to: California
    Replied: 1/25/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You can do a stipulation so they don't have to pay unless you are receiving services from the state then you can't waive it.
    Answer Applies to: Wisconsin
    Replied: 1/25/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Child support belongs to the child, not to the parent. A parent cannot waive support.
    Answer Applies to: New Jersey
    Replied: 1/25/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    As long as there is a court order in place, he is obligated to pay. Failure to pay court ordered chidls support is contempt of court.
    Answer Applies to: Washington
    Replied: 1/25/2012
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